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The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia. [3] All criminal proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with summarily , and more serious ones being referred to a higher court on the strength of evidence. [ 3 ]
The Criminal Code Act 1899 (Qld), [26] is the primary instrument for the source of criminal law in Queensland. The act is sometimes referred to as the 'Griffith Code', named for Sir Samuel Griffith, who was responsible for its production.
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
of offences against the public tranquillity, chapter ix 158 - 169 of offences by or relating to public servants, chapter ixa 169a - 169h of offences relating to elections chapter x 170 - 187 of contempts of the lawful authority of public servants chapter xi 188 - 224 of false evidence and offences against public justice chapter xii 225 - 256a
A majority (Gleeson CJ, McHugh, Gummow, Hayne, Callinan and Heydon JJ) of the High Court that heard this constitutional argument found the law valid. They held that a higher onus of proof on the Attorney-General was required in this case than the one in Kable i.e. high cogent evidence that the prisoner is a danger to the community.
The court can be constituted by a stipendiary magistrate or two justices of the peace. In some situations, a single justice of the peace can hear a case if the maximum fine that can be imposed is no more than A$100 and the prosecution and the accused agree to the case being heard in this matter.
Specific declared offences of the Act include parts from the following Acts that are deemed to be 'serious offences' for the purpose of the Act: [citation needed] the Corrective Services Act 2006 (1 offence); the Criminal Code (Queensland) (59 offences); the Criminal Proceeds Confiscation Act 2002 (1 offence); the Drugs Misuse Act 1986 (5 ...
Australian Company Law Reports: ACLR: 1974-1989 Criminal law: Australian Criminal Reports: A Crim R: 1979-Thomson Reuters: Selected decisions on criminal law by the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories Industrial law: Commonwealth Arbitration Reports: CAR: 1905-1993: AustLII